Trash firm involved in fatal Amtrak crash seeks dismissal of suit

NORTH BERWICK, Maine — Triumvirate Environmental Inc. filed a motion of dismissal on Monday for a civil suit brought against them by the National Railroad Passenger Corporation on Aug. 8.

Michael Johnson, a representative of Triumvirate, cited "Forum Non Conveniens" as the reason for dismissal. According to the U.S. State Department website, "Forum Non Conveniens" states a court can refuse to exercise its jurisdiction over a particular case if the particular court in question would be a "seriously inconvenient forum" or a better forum exists for use.

According to the dismissal request filed, Johnson stated, "a Maine state court would provide an adequate alternative forum, and as considerations of convenience and judicial efficiency point decisively toward the Maine state court system as the appropriate forum to resolve this dispute."

This dismissal was filed in response to a civil suit filed against Triumvirate by National Railroad Passenger Corporation that stated Peter Barnum, 35, of Farmington, negligently operated an 18-wheel tractor-trailer truck owned by Triumvirate, causing a collision between it and a passing Amtrak Downeaster train. The suit states the negligent operation occurred even though the crossing guards were working properly.

In relief, the National Railroad Passenger Corporation is asking that Triumvirate award monetary support for the damage caused during the accident to Amtrak's engine and passenger cars, legal and investigative fees, as well as funds for loss of business.

The official court document, as filed with the U.S. District Court, cited the total damage amount to exceed $3 million, though "the exact amount is unknown."

Although the exact amount is unknown and the costs are ongoing, the amended complaint cites the damage to the tracks and other property owned by Pan Am Railways, as well as the cost for cleanup and repairs exceeds $200,000.

The court date for the suit has yet to be set. Triumvirate has until Sept. 26 to file a rebuttal.

On July 11, Barnum's 18-wheel tractor-trailer carrying more than 50,000 pounds of trash collided with a Downeaster train at the intersection of Elm Street (Route 4) and Buffum Road, killing him in the fiery crash and injuring four others aboard the Amtrak train.